NYS DIVISION OF HOUSING AND COMMUNITY RENEWAL

Six-Year Lookback Period Didn't Apply Retroactively

October 28, 2020    

Tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $18,164, including triple damages, after landlord already had refunded $12,408. Landlord appealed, objecting to the DRA...

Rent History Records Show Apartment Was Deregulated in 2013

October 28, 2020    

Tenant complained of rent overcharge and improper apartment deregulation. The DRA denied the overcharge claim but ruled that the apartment couldn't be deregulated, despite landlord's claim. Landlord appealed...

Default Formula Applied Where No Base Date Lease or Rent Ledger Available

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled for tenant and ordered landlord to refund $7,640, including triple damages. The DRA also set the base date rent as $1,400 per month based on the pre...

Landlord Payments for IAIs May Have Been Applied Incorrectly

October 28, 2020    

Rent-stabilized tenant complained of rent overcharge. The DRA ruled against tenant, finding no overcharge. Tenant appealed and won in part. The DRA incorrectly determined that the base date for tenant's complaint...

DHCR Mistakenly Ordered HUD Section 8 Building to Register as Rent Stabilized

October 26, 2020    

The DHCR's DRA initiated a proceeding after finding that landlord failed to register its building with the DHCR as rent stabilized for 2018. This was based on NYC Dept. of Finance (DOF) records indicating that...

DHCR Mistakenly Ordered HDFC Co-op Building to Register as Rent Stabilized

October 26, 2020    

The DHCR's DRA initiated a proceeding after finding that landlord failed to register its building with the DHCR as rent stabilized for 2018. The DRA's ruling was based on NYC Dept. of Finance (DOF) records,...

No Succession Rights for Son of Tenant Who Wasn't Subject to Rent Control

October 26, 2020    

Rent-controlled tenant's son claimed that he had succession rights to tenant's apartment and asked the DHCR for a ruling on this question. The DRA ruled against the son, who appealed and lost. The DRA found...

Rent-Stabilized Tenant's Daughter Gets Apartment

October 26, 2020    

Rent-stabilized tenant's daughter complained in December 2017 that landlord refused to give her a renewal lease although she had succession rights to the apartment after tenant moved out. The daughter claimed...

Preferential Rent Extends Only for Current Tenant's Tenancy

October 26, 2020    

Rent-stabilized tenant complained that landlord failed to send her a copy of the renewal lease she had signed. The DRA ruled for tenant and noted that landlord sent tenant a fully executed copy of the renewal lease...

Stepson Didn't Prove He Lived with Tenant for Two Years Before She Died

October 26, 2020    

Apartment occupant complained to the DHCR that landlord refused to give him a rent-stabilized renewal lease even though he had succession rights to tenant's apartment. The DRA ruled for occupant and directed...

DHCR Won't Reinstate Properly Withdrawn Complaint by Tenant

October 26, 2020    

Rent-stabilized tenant complained that landlord hadn't given her a renewal lease. The tenant later wrote to the DHCR withdrawing her complaint, in response to a settlement agreement signed by tenant and her...

Regina Decision Not Applicable to High-Rent/High-Income Deregulation

October 26, 2020    

Landlord applied in 2014 for high-rent/high-income deregulation of tenant's rent-stabilized apartment. The DRA ruled for landlord and issued a deregulation order in April 2018 based on income verification...